pages: OpenGovernmentCommission/2021-11-01.pdf, 12
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OpenGovernmentCommission | 2021-11-01 | 12 | and reasons why certain documents were withheld; for example, when a document redacted based on the deliberative process privilege, staff indicated information was withheld based on the grounds that disclosure would inhibit the free and candid communication between staff and their agents on matters within their purview; that is what was provided and required under the law; the City is not required to go through every single email and provide an exact, precise explanation on every single redaction, especially with thousands of pages of documents. Commissioner LoPilato stated it appears the Complainant is making an argument that the passage of Proposition 59 in 2004 essentially weakened the deliberative process privilege; requested Mr. Kuhn talk a little bit about the legal landscape related to the deliberative process and whether that has shifted post 2004 or if the current state of affairs has changed anything. Mr. Kuhn stated that he does not think anything has changed with respect to what is before the Commission tonight; Proposition 59 is meant to be a Sunshine Ordinance provision and placed a statute of limitations restricting access to certain meetings and records, but it does not suddenly place additional burdens or obligations, or make additional records available to the public. Mr. Garfinkle gave a Closing Statement. Mr. Kuhn gave a Closing Statement. Speaker: Ryan LaLonde, Alameda, thanked the Commission for former Commissioner Shabazz's webinar on the Public Records Act and how to submit requests; stated that he received PRA documents from the County District Attorney's office; the documents Mr. Garfinkle received from the City are the same type as the ones he received from the County, including cover letters stating why there are redactions; there is opportunity to ask for clarification, which he did and the County sent additional information; follow-up is important; Mr. Garfinkle decided not to submit the cover letters that came with the email production; in his case, he worked with the County to get the specific documents he needed, it was not a fishing expedition; Mr. Garfinkle's Complaint is unfounded in the fact that there was no due diligence on his part to actually get to the bottom of what he really wanted. Commissioner Reid stated the PRA provides protections for the disclosure of documents; she questions whether or not the exemptions were justified; she does not see that the deliberative process privilege outweighs the importance of the public receiving the information; she does not see specific information on the disclosures provided in the documents themselves. Commissioner Chen stated that she has the same question as the speaker; the documents did not include the emailed explanation of the redactions. Meeting of the Open Government Commission November 1, 2021 12 | OpenGovernmentCommission/2021-11-01.pdf |